- 11 - B. Discussion 1. Arguments of the Parties Respondent argues that petitioners have failed to establish the amount of advance commissions received by petitioner. Alternatively, respondent argues that the possibility that petitioner would ever have to repay any advance commissions was so remote that it must be disregarded, so that, in effect, petitioner had no liability for repayment of advance commissions, and the advance commissions were an item of gross income in the nature of compensation for services. Petitioner argues that, in form and substance, the advance commissions were loans and should be treated as such for Federal income tax purposes. 2. Substantiation The agreement provides for advance commissions, and the March 31 and May 1 letters (terminating petitioner’s engagement by IMA) are ample evidence of IMA’s practice of paying advance commissions. Petitioner testified that he determined the amount of advance commissions for 1992 and 1993 (referred to in our findings of fact as “the 1992 and 1993 reported loan amounts”) by subtracting from the 1992 and 1993 payments the amounts appearing on statements received from IMA showing commissions earned for 1992 and 1993 (earned commissions). The parties agree as to the amounts of the 1992 and 1993 payments. The IMA statements are not in evidence, and the only evidence we have as to their existence and content is petitioner’s testimony, as reflected in his tax returns. Respondent objects to petitioners’ proposedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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